Cash hope for crash passenger

A YOUNG man left brain damaged after he let an uninsured drink driver get behind the wheel of his car has won a victory in his fight for multi-million pound damages. Ben Wilkinson, from Macclesfield, was severely injured when his friend Kieran Fitzgerald lost control of the Peugeot 306 and ploughed into an on-coming vehicle.

A YOUNG man left brain damaged after he let an uninsured drink driver get behind the wheel of his car has won a victory in his fight for multi-million pound damages.

Ben Wilkinson, from Macclesfield, was severely injured when his friend Kieran Fitzgerald lost control of the Peugeot 306 and ploughed into an on-coming vehicle.

Fitzgerald was later convicted of dangerous driving, driving with excess alcohol and driving without insurance.

Ben, 23, let his friend drive from a McDonald's restaurant on the night of the crash, in November 2005, despite the fact that motor mechanic Fitzgerald had spent the evening in the Peel Arms, Macclesfield.

Insurance giant Churchill, which covered Ben - who had not been drinking - as a 'named driver' on the car, accepted liability.

But in the first case of its kind the firm said it would claw back any compensation paid to Ben, saying he was at fault for letting his friend drive.

If that argument had succeeded, Ben would have effectively gone without a penny

Compensation

But now a judge at London's High Court has ruled that Churchill must pay out to Ben - and has no right to 'recover' any compensation from him.

However, it could be years before Ben sees any money because the case raises legal issues never before considered by the courts.

Churchill which is opposing Ben's case, will now take the case to the Court of Appeal.

The judge granted them leave to appeal, saying the case brought up important issues which needed looking at again.

Ben, then 20, was a front-seat passenger in the car - a gift from his mother and father, Susan and Stephen Wilkinson - when the accident happened on the A523 Silk Road.

His severe injuries and brain damage means he will need a lifetime of care.

Only if his legal team wins in the Appeal Court will the amount of Ben's damages go on to be assessed, in a legal process likely to take years.